Page and Others v Additional Magistrate, Somerset West and Others (11275/2015)
Page and Others v Additional Magistrate, Somerset West and Others (11275/2015) [2016] ZAWCHC 63; [2016] 3 All SA 619 (WCC) (20 April 2016)
The Court found that the search warrant issued against the first applicant was invalid due to its overbroad terms and failure to specify the alleged offences with sufficient particularity, as required by the Constitution and established case law. The execution of the warrant and the subsequent seizure of the laptop were declared unlawful and inconsistent with constitutional protections of privacy and dignity. However, the Court determined that a preservation order for the laptop was just and equitable, given the reasonable possibility that it contained evidence relevant to ongoing criminal in…
Source excerpt
- Search And Seizure
- Unlawful Search Warrant
- Preservation Order
- Right To Privacy
- Corruption Investigation
- Constitutional Remedy